[2015] KEELC 724 (KLR)
The court held that, pursuant to Section 21(1) of the Environment and Land Court Act, the Environment and Land Court is properly constituted by a single judge for all purposes under the Act. The only exception is where the matter raises a substantial question of law as provided under Section 21(2), which would...
Source-derived case information.
- Citation
- [2015] KEELC 724 (KLR)
- Parties
- Appellant: Ufundi Savings & Credit Co-operative Society Limited; Respondent: Francis Gitari Ndirangu & 99 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 37 of 2014
- Procedural Posture
- Elc Appeal / Ruling on Constitution of Bench
- Outcome
- Appeal to be heard by a single judge of the Environment and Land Court.
- Judges
- MM Gitumbi
- Legal Topics
- Jurisdiction of Environment and Land Court, Constitution of Bench, Appeals From Tribunal, Substantial Question of Law
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Ufundi Savings & Credit Co-operative Society Limited
Appellant
Francis Gitari Ndirangu & 99 Others
Respondent
Procedural Posture
Elc Appeal / Ruling on Constitution of Bench
Legal Issues
- 1 Whether the appeal should be heard by a single judge or a bench of judges of the Environment and Land Court.
- 2 Whether the appeal raises a substantial question of law warranting certification for hearing by more than one judge.
Ratio Decidendi
The court held that, pursuant to Section 21(1) of the Environment and Land Court Act, the Environment and Land Court is properly constituted by a single judge for all purposes under the Act. The only exception is where the matter raises a substantial question of law as provided under Section 21(2), which would require certification by the court and a bench of an uneven number of judges as determined by the Chief Justice. The court found that the present appeal, concerning the use, occupation, and title to land and buildings, does not raise a substantial question of law. Therefore, the appeal does not warrant certification for a larger bench and should be heard and determined by a single...
Court Disposition
Appeal to be heard by a single judge of the Environment and Land Court.
Orders
- The appeal shall be heard and determined by a single judge of the Environment and Land Court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. APPEAL CASE NO. 37 OF 2014
UFUNDI SAVINGS & CREDIT
CO-OPERATIVE SOCIETY LIMITED……………...………… APPELLANTS
-VERSUS-
FRANCIS GITARI NDIRANGU & 99 OTHERS…………....RESPONDENTS
RULING
I have considered the request by Counsel for the Appellant for directions as to whether or not this appeal shall be heard by a single Judge or a bench of two Judges.
The Appellant has filed this appeal in this court pursuant to the provisions of Section 81 of the Co-operative Societies Act Cap 490 which provides as follows:-
“Any party to the proceedings before the Tribunal who is aggrieved by any order of the Tribunal may……..appeal against such order to the High Court.”
The Appellant has therefore rightfully filed his Appeal in the Environment and Land Court which has jurisdiction to hear matters relating to, inter alia, the use and occupation of and title to land. This Appeal is such a dispute. The question to be answered therefore is how is the Environment & Land Court to be constituted? This question is answered by Section 21(1) of the Environment and Land Court Actwhich provides as follows:
“The court shall be properly constituted for purposes of its proceedings under this Act by a single Judge.”
This provision answers the question raised by Counsel for the Appellant. The Environment & Land Court is duly constituted by a single judge for all purposes of the Environment & Land Court Act. This goes to show that this Appeal can be heard and determined by a single Judge.
The only exception that exists to this is Section 21(2) of the Environment & Land Court Act which provides as follows:
“Notwithstanding subsection (1), any matter certified by court as raising a substantial question of law-
Under Article 165(3)(b) or (d) of the Constitution, or
Concerning impact on the environment and landshall be heard by an uneven number of judges as determined by the Chief Justice.”
Does this Appeal raise a substantial question of law? I do not think so. This Appeal concerns a question as to the use, occupation and title to a parcel of land and the building erected thereon. That does not raise a substantial question of law and I decline to certify it as such.
I therefore direct that this Appeal be heard and determined by a single Judge of the Environment & Land Court.
DELIVERED AND DATED AT NAIROBI THIS 19TH
DAY OF FEBRUARY 2015.
MARY M. GITUMBI
JUDGE